Blogs

Litigation

Are Conversations with Artificial Intelligence (AI) Discoverable in Litigation? Lessons from United States v. Heppner

Clients and lawyers alike are increasingly using generative artificial intelligence tools to organize facts, explore legal theories, and draft narrative summaries. But a recent court ruling calls into question whether conversations with AI should be protected in litigation, or whether they are fair game in discovery. This article will briefly explore the typical scope of…

February 13, 2026

Construction

The Efficiency Mandate: Navigating Northern Virginia’s New Land Use Guardrails

As we move into February 2026, the Northern Virginia land use landscape is being reshaped by a distinct “top-down” pressure. While local Boards continue to grapple with the political fallout of data center density and affordable housing mandates, the Commonwealth has signaled a forceful move toward administrative streamlining. For developers, the last 30 days have…

February 11, 2026

Business and Financial Services

Why Board Members Must Review and Understand Form 990

For many nonprofit organizations, the annual Form 990 is treated as a routine accounting exercise. It is prepared by staff or outside advisors, perhaps reviewed briefly (if at all), and hopefully filed to satisfy minimum IRS requirements. In practice, however, Form 990 functions as something far more consequential for nonprofits. It is a public-facing document…

February 2, 2026

Employment Law

Paid Sick Leave Is Back on the Table: What Virginia’s New Proposal Would Change and Why It Matters

Paid sick leave legislation has reemerged in Richmond as a focal point of employment law reforms in Virginia that have been going on since 2020. Current proposed legislation would create paid sick leave obligations for employers that extend well beyond the narrow sector-specific mandate now in place, bringing Virginia closer to the employee paid sick…

January 23, 2026

Business and Financial Services

What is Worrying Our Nonprofit Clients – Part 1: Repetitive Risk Issues

We have spent an intense year helping our nonprofit clients through a wide variety of threats and risks. During that time, we have seen and heard many repetitive concerns and worries expressed across a wide variety of organizations. Rather than siloing this information, we wanted to start a conversation around sharing best practices and approaches…

January 23, 2026

Employment Law

FLSA Misclassification is a High‑Stakes Compliance Risk for Employers

For many businesses, classifying employees as “exempt” under the Fair Labor Standards Act (FLSA) can feel routine—almost administrative. Yet this single decision often carries with it significant legal and financial consequences. When an employee is treated as exempt from overtime but does not actually meet the FLSA’s strict exemption criteria, as discussed below, the misclassification…

January 22, 2026

Employment Law

Why Employers Often Choose to Settle FLSA Claims — Even When They Have Defenses

When employers are sued under the Fair Labor Standards Act (FLSA), the initial reaction is often to fight the claim on principle. Many employers believe they complied with the law, paid employees fairly, and did nothing wrong – and, in many cases, they may have valid legal defenses. Even so, employers frequently choose to resolve…

January 21, 2026

Employment Law

Does the FMLA Cover Employee Travel Time for Medical Appointments?

Yes, usually, is the short answer set out in a new DOL opinion letter. An employee is permitted to use leave under the Family and Medical Leave Act (FMLA or Act) for work time spent in medical appointments either related to their serious medical condition or those of a qualifying family member. Such FMLA leave…

January 21, 2026

Construction

Protecting Owners from Unlicensed Contractors

Selecting a contractor is one of the most consequential decisions an owner or developer makes during a construction project. Whether the work involves a residential renovation, a commercial tenant build-out, or a larger development effort, owners reasonably expect that contractors performing the work are properly licensed, insured, and qualified. Unfortunately, and despite the best intent…

January 21, 2026

Employment Law

So You Received a DOL Wage & Hour Audit Notice – What’s Next?

Receiving a notice from the U.S. Department of Labor (DOL) Wage and Hour Division can be unsettling for any employer. While some audits are routine, others can quickly expand into broader investigations and, in some cases, lead to private lawsuits under the Fair Labor Standards Act (FLSA). How you respond in the early stages of…

January 20, 2026